173. Governor Hamilton to the Council of Trade and
Plantations. Your Lordship's letter of the 8 of August last I
received a few weekes ago, and in obedience to your commands,
I shall use my utmost endeavours for answering the querys etc.
But many will require time to gaine information etc., and therefore I omitt troubling your Lordship's with answering to part,
believing it will be more methodicall and satisfactory at once
to answer the whole, which I shall do with all the exactness and
expedition that the nature of the matter will admitt of, and
by the same opertunity I shall transmitt your Lordships the
best account I can gett of the time when the Danes first began
theire settlement at St. Thomas's etc. But it is so long ago,
that I fear it won't be possible for me to discover any matters
of consequence here in relation to that affaire etc. Refers to
Sir W. Stapleton's representations etc. "Which I presume
may be found in the offices at home, from whence it is most
likely that your Lordship's will gett better intelligence than I
can pretend to hope for from hence, in regard transactions of
that kind have seldom or ever been put on record in these
Islands by former Governours. But if they had, it would now
give us but little help, the said records in most of the Islands
of that date being destroyed, either by the enemy or hurricanes.
The Governor of Porto Rico never gave any answer to the
demand that I made on behalf of H.M. subject's that were carried
off Crabb Island. However most of them are returned. But
all theire effects are kept and detained from them, so that
whenever it shall please God to put an end to the warr between
the two Crownes, I hope your Lordship's will endeavour to
gett restitution to be made to those poor distressed people.
I take notice of what your Lordships direct about the Act past
at Mountserratt for quieting possessions etc., which I shall
communicate to the Councill and Assembly of that Island, to
the end they may (if they see fitt) prepare another Act for the
same purpose not lyable to the objections against the present
etc. I formerly communicated to the Assembly of this Island
what your Lordship's directed in relation to the Act to prohibit
foreign sugars, etc., but as yett have had no answer from them
about it, so I have nothing more to offer against the said
Acts being disapproved. I now send your Lordship's the rest
of the minutes required of me, except that of the Assembly of
Mountserratt, which the Clarke has not as yett sent. I also
send two copy's of licences of absence for two Members of H.M.
Councill, the one for Azaria Pinney Esqr. of the Island of
Nevis, by reason of his great indisposition, the other for William
Garrish, Esq., alledging his affaires in Great Britaine required
his goeing thither, which forlove's I hope your Lordship's will
approve of, Coll. John Bramble being returned to the Island of
Mountserrat, who formerly declined serving by reason of his
being most part of his time at the Island of St. Christopher's, is
now desirous to serve H.M. as one of the Councill for that
Island. I intend to order him to be sworne accordingly, he
being a person thoroughly well affected to H.M. person and
Government, and has a verry considerable estate in that Island,
which I hope your Lordships will approve of. Signed, W.
Hamilton. Endorsed, Recd. 7th Aug., Read 16th Sept., 1719.
Holograph. 2 pp. Enclosed,
173. i. Governor Hamilton's licence of absence for William
Gerrish for 6 months (v. preceding) 18th May, 1719.
Signed and endorsed as preceding. Copy. 1p.|
173. ii. Governor Hamilton's licence of absence for Azariah
Pinney for 6 months. Dated and signed and endorsed
as preceding. Copy. 1 p. [C.O. 152, 12. Nos. 152,
152. i, ii.]|
174. Council of Trade and Plantations to the King.
Report upon Act of Pennsylvania, 1718, for the advancement of Justice etc. This Act does allow the Quakers to be
Judges, Justices, Jurymen and witnesses in criminal and capital
matters upon their taking such a solemn affirmation, as the
several Acts of Parliament in Great Britain, would qualify
them to be witnesses in civil cases, which affirmation so to be
taken is likewise to have ye full effect of an oath in any case
whatsoever in that Province: But all persons that shall be
convicted of falsly and corruptly affirming or declaring any
matter or thing, which if it had been upon oath would have
amounted to perjury, are to incur the same penalties as persons
convicted of wilful perjury to incur by the laws of Great Britain;
and tho'd this is a much greater indulgence to the Quakers than
is allowed them here, yet considering that almost all the
inhabitants of that Province are Quakers, and that without the
qualification proposed by this law it will be very difficult if not
impossible to have Justice administered there, we have no
objection why your Majesty may not be graciously pleased to
confirm the said Act. [C.O. 5, 1293, pp. 172, 173.]
175. Mr. Popple to Richard West. Encloses two Acts of
Virginia, (i) for settling the titles and bounds of lands and for
preventing unlawful shooting and ranging thereupon (1713), and
(ii) declaring what shall be accounted a sufficient seating planting
cultivating and improving of patented lands etc. The Council
of Trade and Plantations desire your opinion whether lands
patented or granted in Virginia before the making the former
or either of the said Acts be subject to the penalties of those
Acts relating to the not paying of Quit rents, the occasion of
this question you will see by the inclos'd extract of Colo.
Spotswood's letter dated 22nd Dec. last. [C.O. 5, 1365. pp.
176. Same to John Lloyd, Secretary of the Post Office.
If is be thought necessary to send Colo. Spotswood any directions
upon the extract of his letter transmitted 22nd Aug., desires
that it may be communicated to the Board as soon as conveniently can be, their Lordps. being about dispatching their
letters to that Colony. [C.O. 5, 1365. pp. 195, 196.]
177. Bryan Wheelock to Richard West, K.C. In absence
of Mr. Popple encloses for his opinion thereon two Acts of New
York, (1) reviving an Act for the easier partition of lands in
joint tenancy etc., (ii) explaining Acts for granting a supply for
support of the Government, 1715, and putting a duty upon vessels
etc., 1716. [C.O. 5, 1124. p. 90; and (corrected draft) 5, 1079.
178. Mr. Popple to Mr. West. Encloses extract from
Governor Hamilton's letter, 10th Sept., 1718 (relating to the
purchase of negroes from the Dutch), and desires his opinion
thereupon. [C.O. 153, 13. p. 407.]
179. H.M. Letters Patent continuing the office of "Provost
Martial General" of Jamaica to Richard Rigby for life etc.
Countersigned, J. Craggs. [C.O. 324, 33. pp. 228. 229.]
180. Mr. West to the Council of Trade and Plantations.
Reply to May 2. I have no objection to such part of the Act
of New York for reviving an Act for the easier partition of lands,
etc. as only revives that Act etc. But I am of opinion that the
additional clause is not proper to be pass'd since by that clause
all tennants in common without distinguishing the different
interests which they may chance to have in their lands after
partition made by agreement amongst themselves in writing
are to hold their lands to them and their heirs whereby a wrong
may be done to other persons since a man who is only a tennant
in common for terme of life or for years etc. with others who are
tennants in fee may by the generall words in this clause after
having duely executed an agreement for the partition of lands
claim to himself an estate to him and his heirs by which means
the person entituled to the inheritance after his death or other
sooner determination of his estate would be highly injured.
I have no objection to the Act explaining the Act for a supply
to be granted to H.M. etc., it being sufficiently provided that the
inhabitants of Great Brittain should pay no other duty than
what the people of New Yorke are lyable to themselves, for
the consideration whether the inhabitants of Great Brittain
should be subject to any dutys at all by virtue of their Acts
of Assembly is proper to be determined only by your Lordshipps.
Signed, Richd. West. Endorsed, Recd. 6th., Read 8th May,
1719. 5½ pp. [C.O. 5, 1051. No. 92; and 5, 1124. pp. 92,
181. Mr. Secretary Craggs to the Council of Trade and
Plantations. Refers following for their report. Signed, J.
Craggs. Endorsed, Recd. Read 15th May, 1719. ¼ p.
181. i. Petition of Lord A. Hamilton to the King. Prays H.M.
directions for the payment of his share in the prize
Kensington, which he deposited with the Provost
Marshal, upon application of the Spanish agent, no
appeal having been entered. (v. supra.) 1 p.|
181. ii. Receipt of the Provost Marshal of Jamaica for the money
deposited and referred to in preceding. St. Jago
Delavega, 18th Sept. 1716. Signed, James Rigby.
½ p. [C.O. 137, 13. Nos. 26, 26. i., ii.; and (without
enclosure ii) 138, 16. pp. 179–182.]|
182. Mr. Popple to Mr. Carkesse. Encloses Act of the
Massachusetts Bay, 1716, stating the fees of the Custom House
Officers within that Province, and enquires whether the Commrs.
of Customs have any objection thereto. [C.O. 5, 915. p. 271.]
183. Mr. Popple to Mr. Burchett. Encloses Act of the
Massachusetts Bay, 1716, in addition to the Act for regulating
fees etc., and enquires whether the Lords Commrs. of the
Admiralty have any objection to the fees of the officers of the
Court of Admiralty stated therein etc. [C.O. 5, 915. pp. 270,
184. Mr. Burchett to Mr. Popple. Reply to preceding.
My Lords Commrs. have no objections to the fees thus established, etc. Signed, J. Burchett. Endorsed, Recd. 9th., Read
27th May, 1719. Addressed. 1 p. [C.O. 5, 867. No. 36;
and 5, 915. pp. 271, 272.]
Generall Post Office.
185. Mr. Lloyd to Mr. Popple. Reply to 1st May. The
Postmrs. General do not think it necessary for the Lords Commissrs. of Trade and Plantations to give any directions to Col.
Spotswood upon the extract of his letter: but as he has acted
for the benefit of H.M. Revenue by refusing his assent to a bill
that would have discouraged the Post Office at Virginia, it is
hoped he will receive their Lordships approbation. Signed,
John Lloyd. Endorsed, Recd. 8th May, Read 18th June,
1719. 1 p. [C.O. 5, 1318. No. 65.]
186. Order of King in Council. Appointing Cole Digges
to the Council of Virginia, as recommended 10th April. Signed,
Robert Hales. Endorsed, Recd. 22nd, Read 27th May, 1719.
1 p. [C.O. 5, 1318. No. 63.]
187. Memorandum of Commission appointing the Earl of
Westmorland a Lord Commissioner of Trade in the room of the
Earl of Holdernesse. Endorsed, Recd. Read 27th May, 1719.
Slip. [C.O. 388, 77. No. 57.]
188. Lt. Governor Keith to Mr. Secretary Craggs. Originals
of Nos. 285 i–iv. q.v. [C.O. 5, 1266. Nos. 2, 2. i.–iii.]
189. Capt. John and Frances Riggs to Charles Delafaye.
Return thanks for Commission received etc. (v. 2nd Feb.). Continue: Heare is posted twoo compenyes, and wee keepe in
each of the two garrisons on ye frontears, at Schennectady
and Fort Hunter in ye Mohacks Countrye, a Leiut. with a
sargent corporall and droom, with 20 privett sentinalls, who
receaves there orders from mee etc. as Ap. 18 etc. Signed,
John and Fra. Riggs. 1 p. [C.O. 5, 1092. No. 8.]
190. Governor Hunter to Charles Delafay. I have receiv'd
your two most obligeing letters. It is no small comfort to me
that some men of merit think me worth room in their remembrance. Refers to his friendship for his brother Riggs, upon
his account, etc., and the death of Col. Ingoldsby. "I have
given that commission to Henry Holland, who is undoubtedly
best intitled to it by his service and conduct. For Simms who
would have upon the same grounds contested it with Riggs
can claime by neither. I beg you'll assist me in this matter,
etc. I have supply'd the other two vacancys by the half pay
officers who I judg'd were best intitled and best deserv'd," etc.
Signed, Ro. Hunter. Holograph. 3 pp. [C.O. 5, 1092.
191. Mr. Burchett to Mr. Popple. H.M.S. Swallow, Capt.
Chaloner Ogle, and the Seahorse, Capt. Wm. Martin, being
design'd convoy to Newfoundland this year, etc., asks for
Instructions and Heads of Enquiry for Capt. Ogle, Commodore,
as usual. Signed, J. Burchett. Endorsed, Recd. 18th, Read
27th May, 1719. ¾ p. [C.O. 194, 6. No. 61; and 195,
6. p. 499].
192. Governor Hunter to Mr. Popple. Abstract. Hopes
to sail soon for London. Will send next week the Acts past in
New Jersey, wt. the Minutes of Council and Assembly. They
have continu'd the support of Govt. there for two years, but
he could not prevaile upon their stingy nature to establish an
agent. He was bedrid dureing all that session and but partly
recover'd now and has no hopes but in Aix la Chapelle. "Cox
has writt to his friends that he has had a full hearing in
Council. If he has new matter it were but just that I should be
acquainted with it, if none I have answer'd the old but I am
weary of this life." Hopes for orders relating "to the warr
proclaim'd to the Southward." "Pray send over the Attorney
Genl.'s opinion on ye whale fishing. I have surceas'd all demands
on that score 'til I know what it is. The Assembly here is now
mett and probably will continue the Revenue but I am afray'd
only for a time, for they begin to smoake my design in spite of
all my disguise. I hope I shall leave these Provinces in the
condition they now are that is perfect peace and a good disposition, and that I shall be more able to serve Mr. Bampfield
and his interests on the other side then I have been on this," etc.
Set out, N.Y. Col. Docs. V. 521. Signed, Ro. Hunter. Endorsed,
Recd. 29th June, 1719. Read 16th Aug., 1720. Holograph.
3½ pp. [C.O. 5. 1052. ff. 46–47 v.].
193. Mr. Burchett to Mr. Popple. H.M.S. Mary, Captn.
Edward Vernon, and Mermaid, Captn. John Yeo, are bound to
Jamaica. Captain Vernon is to take under his command
the Diamond, Ludlow Castle and Happy sloop, now there, for
the protection of the Island and the Trade. Signed. J. Burchett.
Endorsed, Recd. 18th, Read 27th, May, 1719. Addressed. 1 p.
[C.O. 137, 13. No. 27].
194. Mr. Secretary Craggs to the Board of Ordnance.
Encloses copy of Orders to the Governor of Placentia, (v. 20th
April). Signed, J. Craggs. [C.O. 324, 33. p. 221.]
195. Mr. Cumings to the Council of Trade and Plantations.
Encloses sample of the wool of this country. The best sells at
2s. pr. lb. retail, etc. Continues: About 200,000 wgt. of wool
is produced in a year, mostly upon Islands. A prœmium of
3d. pr. lb. to the importer into Great Brittain wold very much
diminish the woolen manufactures here, etc. The fortifications
are gone to ruine except the Castle att the entrance of this
harbour, where 30 men is now kept, but 100 required etc.
The forts att Salem and Marblehead are all gone to ruine which
requires a considerable defence being the two chief ports etc.,
and whereas this Government has issued £150,000 loan money
att 5 p.c. interest, proposes that the interest be applyed for
building forts at Salem and Marblehead and repairing the
batteries of Boston etc. Encloses exports from Boston. Midsummer—Christmas, 1718. If the duty upon hopps was
lessened this country might send a considerable quantity yearly.
Exports:—hops, 100 bags; oyl, 1233 brls.; whalebone, 5
bundles; sturgeon, 195 kegs; rozen, 149 brls.; rice, 91
brls.; pitch, 3408 brls.: tarr, 6830 brls.; turpentine, 5536
brls.; fustick, 63 tuns; logwood, 11¾ tuns; brazeletto,
20¾ tuns; suger, 11 hhds., 26 teirces, 61 brls.; indigo,
15 brls., 4 boxes; staves, 400,000.|
Imports:—Wines, from Madera, 186 pipes, from Fyall,
189 pipes; Foreign growth, from Cape Francois, molosses,
114 casks, suger, 4 brls.; from St. Thomas. 58 bags cotton
wooll, lignum vitæ, 5 tuns; brazeletto wood, 1 tun 3 ct.;
molosses, 8 teirces: white suger, 5 hhds.: suger, 26 hhds.,
47 brls., cocoa nutts, 16 bags and 2000 wgt. From Suriname,
indigo, 1 brl.; rume, 2 hhds., 2 trs., 6 brls.; suger, 17 brls.;
molosses, 367 hhds. and teirces. Proposes appointment of
Inspector General of Imports and Exports of the Continent
etc. Signed, Archd. Cumings. Endorsed, Recd. 16th, Read
23rd July, 1719. 1¾ pp. [C.O. 5, 867. Nos. 41 and (duplicate,
endorsed, Recd. 10th, Read 18th Nov., 1719) 56; and 5, 915.
196. Order of Lords Justices in Council. Repealing Act
of the Massachusetts Bay for granting an impost and tonnage
of shipping etc. v. 24th April. Signed, Edward Southwell.
Endorsed, Recd. 30th June. Read 3rd July, 1719. 1¼ pp.
[C.O. 5, 867. No. 39; and 5, 915. pp. 288, 289].
197. Order of Lords Justices in Council. Mr. Secretary
Craggs is to write to the Governor of the Massachusetts Bay in
conformity to the Report of 24th April, 1719, and give him a
severe reprimand for consenting to the passing of the above Act
so contrary to his Instructions and to the laws and interest of
England. Signed and endorsed as preceding. 1 p. Set out,
A.P.C. II. No. 1315. [C.O. 5, 867. No. 40; and 5, 915.
pp. 289, 290].
198. Order of Lords Justices in Council. Approving
Representations of Nov. 14, 1718, and April, 16, 1719 (q.v.) and
repealing two Acts of Jamaica, with Instruction to Governor,
as therein proposed. Signed, Edward Southwell. Endorsed,
Recd. 30th June, Read 3rd July, 1719. 1¾ pp. [C.O. 137, 13.
No. 32; and 138, 16. pp. 221–224].
199. Lt. Governor Spotswood to the Council of Trade
and Plantations. Encloses Addresses in his favour, etc., and
Journals of Assembly and Council, the latter showing that the
Council on Dec. 9th more plainly yielded up their pretensions
to the sole right of sitting Judges in the Court of Oyer and
Terminer. "Upon which I appointed them without any other
associates to be Judges of the Court held the next day." Only
two of the eight Councillors who insisted on being sole Judges in
criminal cases would sit on the trial of divers pirates, the reason
being that there is £100 sterl. to be shared among the Judges
in the Courts of Oyer and Terminer, and for the trial of pirates
nothing at all. Proposes that the former allowance be discontinued, and that an establishment be made for Judges to
try pirates, those trials being of much more consequence etc.
Encloses accounts. The sale of rights for land comes to £300
last year, three times as much as before the last regulation.
The account of the tobacco levied by the poll since 1715 amounts
to no more than 7¼ lb. on every tithable person for the three
years. Of the whole revenues of this Colony, after finishing
a house for the Governor, assisting North Carolina in their
Indian war, fortifying their own frontiers, building a magazine,
prison, contributing towards the building a Church at Williamsburg, and paying the rewards for suppressing of pirates,
there is a bank of £17,872 0 10¾ remaining for the publick
service. A country so rich in its publick Treasury and so
moderate in its taxes cannot be groaning under such grievous
oppressions as some of its Representatives would falsely
insinuate. Claims his part in bringing the country to this
flourishing condition from the state of poverty and debt wherein
he found it. The effects of Thach the pirate have been
condemned by the Court of Vice Admiralty and sold at public
auction. Encloses account, as there is likely to be some controversy about the property of those goods, being taken in a
French ship, E. of Bermuda, and brought into N. Carolina.
If the owners make out their property, the produce must be
paid to them. But there is an unexpected pretension set up
by the Government of North Carolina to these goods, as being
taken within the seas and off the soil of the Lords Proprietors
etc. They suffered those goods to remain in the possession of
that piratical crew for divers months, some in chief stations
having had too much correspondence with them, particularly
one who held the office of Secretary, Chief Justice, one of the
Council and Collector of the Customs etc. The Colony continues in peace on its frontiers, and flourishing in its trade,
and except for a few malcontents impatient to see the effect
of disturbances they have been fomenting, none of H.M.
Dominions enjoys a more perfect tranquillity. Abstract.
Set out, Spotswood Papers, II. 323; and N.C. Col. Rec. II.
336. Signed, A. Spotswood. Endorsed, Recd. 9th July, 1719,
Read 15th June, 1720. 6¾ pp. Enclosed,
199. i. Account of H.M. Quit Rents of Virginia, April
1718–1719. Total, Receipts, including balance of
£5,529 brought forward, £8,367 14s. 10d. Expenditure,
£1,576 7s. 2½d. Signed, J. Roscow, Rr. Genll., John
Grymes, Dy. Audr., A. Spotswood. Same endorsement.
199. ii. Account of H.M. Revenue of 2s. per hhd., 29th April,
25th Oct., 1718. Totals, Receipts, £3,246 1s. 1¼d.
Expenditure, £2762 6s. 0¾d. Signed and endorsed
as preceding. 2 pp.|
199. iii. Account of H.M. Revenue of 2s. per hhd. 25th
Oct. 1718–25th April, 1719. Totals, Receipts,
(including balance) £1743 19s. 4d. Expenditure,
£1633 Os. 6¼d. Signed and endorsed as preceding. 2 pp.|
199. iv. Account of H.M. duties on liquors and slaves, Dec.
10th, 1710–1718. Totals, Receipts, £27,840 14s. 7d. Expenditure, £9,968 13s. 8¼d. (for the Governor's house,
£4,685 17s. 6½d.; Carolina Fund, £1,264 15s. 7¼d.;
Bruton Church £200; Prison £200 etc.) Balance,
£27,840. Signed, Peter Beverley, Treasurer. Same
endorsement. 1 large p.|
199. v. Account of the public tobacco levy, 7th Sept. 1715—Nov. 29th, 1718. Receipts, By owners of runaways,
30,000 lb. By a levy of 7¼ pr. poll on 33,732 tithables,
244,557 lb. Total, 274,557 lb. Balance, 2938 lb.
Signed, Miles Cary, Cl. Com. Claims. Same endorsement. ½ p.|
199. vi. Naval Officer's accounts of imports from Madeira
and the Western Islands. Nil. Signed, Thomas Lee,
Naval Officer. Same endorsement. 1 p.|
199. vii. (a) Copies of Addresses from the Counties of
Virginia, the Clergy in Convention, the Grand Jury,
and the Masters of William and Mary College to Lt.
Governor Spotswood, repudiating the charges of the
Burgesses against him.|
(b) Address of the Grand Jury of Virginia to the King, to
the same effect.|
(c) Address of Masters of vessels and others trading to and
inhabiting North Carolina to Lt. Governor Spotswood.
Return thanks for his action in destroying pirates,
after application had been made without effect to
some in principal authority there. Owing to the
robberies committed by the pirates harbouring in
that Government, few durst venture vessels or effects
thither; by which means in less than a twelve months
merchandizes were advanced more than cent pr. cent
for want of a timely supply etc.|
(d) Letter of thanks from the Governor and Council of
Maryland to Lt. Governor Spotswood, acknowledging
the obligation of the good people of Maryland for his
efforts to destroy the pirates in Carolina. Resolution
of Council for the writing of above letter. Annapolis, 9th March, 1718/19. Signed, Jo. Hart. The whole
endorsed as preceding. 30 pp. [C.O. 5, 1318. Nos.
72, 72. i.–vii.]|
200. Governor Hunter to Mr. Delafaye. Refers to 18th
May. Continues:—This is to the same purpose to beg your
assistance and intrest with your friends and mine to procure
commissions for the persons whom I have plac'd in vacancys
according to my standing orders etc. Riggs is happy to his
heart's content etc. Signed, Ro. Hunter. Endorsed, R. 9th
July, 1719. Holograph. 2 pp. [C.O. 5, 1092. No. 10.]
201. Order of Lords Justices in Council. Repealing Act
of New York for shortening of lawsuits and regulating the practice
of the law, 1714; and two Acts of Antego, (i) to prohibit the importation of French and other foreign sugars, rum, cotton and
molosses, 1716, and (ii) for laying an additional duty upon wines
and other strong liquors imported, 1718. Signed, Edward Southwell. Endorsed, Recd. 30th June, Read 3rd July, 1719. 1¾ pp.
[C.O. 5, 1051. No. 93; and 5, 1124. pp. 109, 110.]
202. Order of Lords Justices in Council. Confirming Act
of Pennsylvania for the advancement of Justice (v. 1st May).
Set out, Penn. Col. Rec. III. 70. Signed, Edward Southwell.
Endorsed, Recd. 1st., Read 3rd July, 1719. 1½ pp. [C.O. 5,
1265. No. 125: and 5. 1293. pp. 204, 205.]
203. Governor Hunter to the Council of Trade and Plantations. Encloses following and Minutes of Council and Assembly
of New Jersey. Proposes to attend the Board, and make use
of his six months leave of absence, his ill state of health
absolutely requireing it etc. "The Acts for running the division
lines in the Jerseys were after long deliberation framed and
agreed to by all the Proprietors or their agents and Representatives of both Provinces and pass'd at their earnest desire etc.
I left nothing undone to have them perfected, judgeing them
absolutely necessary for the peace and highly for the interest
of that Province," etc. Set out, N. J. Archives, 1st Ser. IV. 386.
Signed, Ro Hunter. Endorsed, Recd. 7th July, 1719. Read
30th Aug. 1720. Holograph. 2 pp. Enclosed,
203. i. Act of New Jersey for the support of the Government
for two years etc. Perth Amboy, 1718. Printed.
12½ pp. [C.O. 5, 971. Nos. 83, 83. i.]|
Nassau on Providence.
204. Governor Rogers to Mr. Popple. Acknowledges letter
of 15th Nov. etc. It would have been extreamly necessary for
the security of these Islands had we been so happy to have got
another Independ. Company immediately sent to us according
to their Lordships' representation. We being so near the
Spaniards that they may be suddenly upon us and there's no
dependence on ye people here, the continual fears of their
attacking us has kept a great many good and substantial people
from coming to settle here, for there is no fear of these Islands
being well settled after they are made secure. Yesterday one
of our privateers that was cruizing off the Havanna came here
and gave us a certain accot. that the Spaniards were fitting out
seven sloops two brigantines and two gallies wth. 1500 men
to attack us and we expect them daily, and I am as well prepared as my number will allow for, I doubt we shan't be above
300 men to withstand ym. not long since they equipp'd a
greater force but three of their ships being lost and hearing of
a war put a stop to their design. I think wee have been very
ill served for I have wrot to all parts around us in our extremity
and have had no other man of war here but the Deal Castle
who stopt wth. H.M. packet since Capts. Chamberlain and
Whiting left me in that deplorable condition. I suppose Sr.
the map you mention is in one of the co-partners hands who long
before this has deld. it to their Lordships, and I have now sent
another to describe a new harbour I have found out near this
fit for a fifty gun ship. I am very glad you mention the charge
in confirming the Council wch. tho the best I could then have,
I never design'd any charge on them. We very much want an
assembly there having some few more people arrived since. I
think the following persons are the fittest for the King's Council
here;—James Gohier, Robt. Beauchamp, Wm. Fairfax, Thos,
Walker, Edwd. Holmes, Rd. Thompson, Nathl. Taylor, Wm.
Spatches, John Penniston, Peter Courrant, Saml. Watkins,
John Ollyffe. I have now sent home copys of the Council Book
together with a tryal of a fellow I was forced to condemn and
hang for robbing and burning a house the vilest of practices
being too common here, I could not avoid making this example,
and I hope if for want of lawyers our forms are something
defficient I am fully satisfied, we have not err'd in justice. I
depend you have recd. the coppy of the tryal of the pirate so
that I do not trouble their Lordships with it by ys. conveyance.
Mr. Beauchamp had probably been in Engld. had not the news
of a war kept him here till now and the accot. we now have of
this designe of the Spainiards still detaines him longer. I can't
yet find cause to covet any employ here unless we have the good
fortune to beat back the Spaniards then I hope Mr. Beauchamp
will be acceptable at home and instead of one we shall have
two Independent Companyes added to this guarrison to make
the place secure enough to curb the Spaniards and prevent
piracy, for I can't see ther's any dependence on our ships of war
in these parts etc. Has written to Mr. Secretary Craggs, etc.
Signed, Woodes Rogers. Endorsed, Recd. 15th., Read 16th
July, 1719. 3 pp. Enclosed,
204. i. Duplicate of No. 205. iii.|
204. ii. Minutes of Council of the Bahama Islands, 14th Nov.
1718–19th May, 1719. 12 pp.|
204. iii. Address of the Governor, Council and principal
inhabitants of the Bahama Islands to the King. Pray
for H.M. further support etc. We doubt not but the
remonstrances from Jamaica and most of your
Majesty's Governments will for the future oblige the
Commanders of the ships of war to a stricter execution
of their orders which would very much contribute to
the security of your Majesty's Colonys, and prevention
of pyracy. The unavoidable charge that the works
of the fortification have obliged us to be at, has been
as frugally applied as the miserable circumstances
of the place could allow; and the interest of several
worthy gentlemen adventured hither, was considerably
made use of to secure this settlement in the most
dangerous times etc. Pray that the charge may be
laid before Parliament and reimbursed. 1¼ pp.|
204. iv. Minutes of the Council of the Bahama Islands, 26th
May, 1719. Accounts for the fortifications, £11,344
2s. 3d. passed etc. 1½ pp. Endorsed, Recd. 15th.,
Read 16th July, 1719. 1½ pp. [C.O. 23, 1. Nos.
14, 14. i.–iv.]|
Nassau on Providence.
205. Governor Rogers to Mr. Secretary Craggs. I wrote
you by two conveyances, since I had the honour of yours by
the Deale Castle, and ye Samuel of the 24th Dec. The Samuel
has stay'd here longer than we expected, and would have continued yet a few days, had not the enclos'd accot. came to my
hands yesterday by wch. I may expect to be soon attacked and
am preparing to make the best defence I can. I doubt I shall
scarce be able to gett together above 300 men, were we but
200 more being well prepar'd, I should not be under any great
concern for this Spanish Expedition. Sr. I have always been
as particular as I could to you, and have represented everything
to the best of my knowledge, and I am sorry H.M. ships of war
in these parts has had so little regard for this infant Colony.
We have had none but the Deal Castle as a packett ever since
the first of our arrival, tho' I wrote to Jamaica and all parts
around us for assistance, when we had great reason to expect
we should not be able to withstand our enemys without their
assistance, but the Spaniards loosing three of their best ships
design'd for this place, and hearing the news of a war immediatly
upon it made them then lay aside their design and disperse
3 or 4000 men they had ready at several places to joyne and
attack us. I have been at a great expence to preserve this place
from the Spaniards or pirates, an accot. of wch. is now sent
home to the Gentm. concern'd, and I hope H.M. will consider
the necessity I was under to do wt. I have done, and that the
Parliamt. will re-imburse what is so apparently laid out for the
publick good etc. Signed, Woodes Rogers. 2 pp. Enclosed,
205. i. Trial of William Whaling, als. Whaley, for stealing
goods belonging to Mathew Musson, Gent., and William
Hewson, Mariner, from the house of John Peardon
and setting fire to the said house. March 4th, 1718
(1719). The prisoner was found guilty and hanged.
Copy. 6½ pp.|
205. ii. Minutes of Council of the Bahama Islands, 14th
Nov., 1718–26th May, 1719. 13 pp.|
205. iii. Deposition of William South, Commander of the
privateer sloop Endeavour of New Providence. May
27, 1719. After an engagement with a Jamaica
privateer who pretended to take him for a Spaniard,
deponent picked up Charles, son of Thomas Walker,
of N. Providence, off the Havana, who had been a
prisoner and just made his escape in a canoe to bring
intelligence that the Spaniards had already fitted for
sea two galleys, two brigantines, and seven sloops on
board of wch. were design'd to be embarqu'd 1500
men on purpose to dislodge ye English from this
settlemt. because they think them too near neighbours
etc. Capt. Leigh Ashworth, the Jamaican privateer,
forced Cha. Walker to go with him as his pilot etc.
Signed, William South. 1½ pp. [C.O. 23, 13.
206. Mr. West to the Council of Trade and Plantations.
I have consider'd the question whether an Assembly under
adjournment or prorogation may be prorogued without a
meeting according to such previous adjournment or prorogation.
And I am clearly of opinion that it may, etc. It may be made
a question whether the Generall Assemblys of the severall
Provinces in the West Indies may be entituled to those priviledges
which are claim'd by, and have by the Crown been allow'd to,
the Parliaments of England; But it is most certain that the
Prærogative in relation to their General Assemblys is at least
as extensive as it ever was in England in respect to our Parliaments; and this prærogative of the Crown whatever the extent
of it may be, every Governor by his Commission is impowered
to exercise in his particular Province. The Prærogative in the
West Indies unless where it is abridg'd by grants etc. made to
the inhabitants of the respective Provinces is that power over
the subjects (consider'd either separatly or collectively by their
Representatives) which by the Common Law of the land
abstracted from all Acts of Parliaments and grants of libertyes
etc. from the Crown to the subjects the King cou'd rightfully
exercise in England. The only point of Prerogative which
this question relates to is that power which the Crown has of
summoning proroguing, etc. of Parliaments; and this branch
of the Prerogative does at this time subsist entirely upon the
foot of the Common Law and Custom of Parliaments which in
this respect must be consider'd as part of the Common Law,
which has never been in this particular anywise abridg'd or
circumscrib'd by any Act of Parliament. And therefore if the
affirmative part of the question is impracticable in England it
is impossible a Governor should be impower'd to practice it
in America. The determination of this question therefore
depends entirely upon the Customes of our English Parliaments
etc. States practice of Parliament in this particular, and describes
writ of prorogation, which is general, like a proclamation etc.
Signed, Richd. West. Endorsed, Recd. Read June 5th, 1719.
9 pp. [C.O. 323, 7. No. 156; and 324, 10. pp. 243–250.]
207. Governor Hunter to Mr. Popple. Encloses Act of
New Jersey for the support of the Government for two years.
Signed, Ro. Hunter. Endorsed, Recd. 7th July, 1719. Read
30th Aug., 1720. ¾ p. [C.O. 5, 971. No. 82.]
208. Mr. Delafaye to the Council of Trade and Plantations.
I am commanded by the Lords Justices to send your Lordps.
the enclosed etc. Actions [of the nature complained of] on either
side besides the injustice of them are at this juncture especially
of very ill consequence, as they administer cause of discontent
and give a handle to ill disposed persons to sow jealousys
between the two nations whose mutual interest is to cultivate
a strict union with each other; and as a delay of redress would
still be a greater aggrevation, their Excys. recommend it to you
to give particular attention and dispatch to this affair, and
report your opinion for their Excys. that if Monsr. Hiriberry's
complaint is well founded, justice may be done him, and if it
is not, a satisfactory answer may be given to the Abbé du Bois,
and the complainant may have no cause to suspect a want of
inclination to do him right if he has been really injured. Signed,
Ch. Delafaye. Endorsed, Recd. 1st., Read 2nd June, 1719.
1¼ pp. Enclosed,
208. i. M. l'Abbé Dubois to Mr. Secretary Craggs. It is
some time since your Excellency was informed of
the complaints laid by the Governor of Isle Royale of
the depredations at Canceau of Capt. Smart etc.
Demands prompt justice and reparation without waiting
for the meeting of the Boundary Commission, since
it is an independant matter etc. In cases where the
French have done any damage to the English reparation has been speedily made etc. Refers to enclosures
ii. and iv. Le Sr. de Hiriberry has been the principal
sufferer, etc. v. No. iv. Signed, Dubois. Copy.
French. 1½ pp.|
208. ii. Extract of letter from M. St. Ovide and M. Soubras.
Isle Royale, Jan. 9th (N.S.), 1719. Since the depredations of the English at Canceau, an inhabitant of
Isle Madame by way of reprisal has taken a small
English sloop at Canceau. Upon complaints laid by
the English, orders have been given that he should
restore the boat, pay during the fishing season the
amount at which the plunder is valued, and also
be punished. French. ½ p.|
208. iii. Coloured Map of part of Cape Breton, Isle Madame
and Cape Canceau, showing that Canceau, separated
from the mainland of Nova Scotia by a small arm of
the sea, is an island, and, like Cape Breton and all
the other Islands situated in the mouth and Gulf of St.
Lawrence, belongs to the French by the 13th Article
of the Treaty of Utrecht. The English have seized
200,000 livres worth of plunder and inflicted damage
on the French to the extent of 500,000 livres. 1 p.|
208. iv. Petition of Joannis de Hiriberry, merchant of St.
John de Luz, to the Duc d'Orleans, Regent.
Petitioner arrived at the Island of Canceau the same
day, 17th Sept. 1718, as an English frigate of 26
guns, M. Cinarique Commander. He visited Mm.
Harembourg, Petit-pas, La Sonde, Descontes, Pierre
Bois and five or six other French merchants and
inhabitants. On returning from Louis-Bourg, Sept.
29, the English attacked and made prisoners of
the French and seized all their effects, in spite of the
protests of petitioner who maintained that the Island
of Canceau belonged to France etc. argued etc. Same
endorsement. 4 large printed pp. [C.O. 217, 2. Nos.
66, 66 i.–iv.: and (without enclosures) 218, 1. pp. 401,
402; and (encl. iii.) M.P.G. 174.]|
Nassau on Providence.
209. Governor Rogers to the Council of Trade and
Plantations. Refers to letter of 27th, and urges question of
charges mentioned in Address, No. 204. iii. Continues; We
have never been free from apprehensions of danger from
pirates and Spaniards, and I can only impute these causes to
the want of a stationed ship of war, till we really can be strong
enough to defend ourselves. I am in hopes the ensuing Parliament will not only repay the expence laid out according to the
account sent to the gentlemen co-partners wth. hopes of their
sollicitation, but also provide a fund to add and support two other
Independant Companys till inhabitants enough come whereof
to form a Militia, and such we cannot expect till this Settlement
is made capable to protect them, the uncertainty of which has
hitherto prevented people's coming, wch. at first were assur'd
to us. I confess myself instrumental in making these expences,
but when considered that we have been only supported by such
measures I am in hopes none will set the prospect of maintaining
these Islands at a lower rate, and I have found by experience
that the subsistance allowed at home for the guarrison is very
short of what is necessaryly wanted whilst provisions are both
difficult to be had and dearly bought, and it will be very heavy
on me to support ye guarrison till I know on wt. foot I must
stand. In my letter to Mr. Popple I gave a list of ye best that
can be picked out for a Council here but few of them that I
found here has any notion of honour further then proffit and
therefore I doubt they'l scarse pay the common fees of their
mandamus. This place if encourag'd will none questions
answer all yt. your Lordships expected but I can't say there's
any great hopes of the honesty or industry of the much greater
part of ye people and better will not come till the place is in a
posture of defence. I hope your Lordships will pardon my
troubling you with but a few instances of the people I have to
govern who though they expect the enemy that has surprized
them wthin. this fifteen years 34 times yet these wreches can't
be kept to watch at night and when they do they come very
seldom sober and rarely awake all night, though our officers or
soldiers very often surprize their guard and carry off their
armes, and I punish, fine, or confine them almost every day.
Then for work they mortally hate it for when they have clear'd
a patch that will supply them with potatoes and yams and very
little else fish being so plenty and either turtle or goanas on
the neighbouring islands, they eat ym. instead of meat, and
covet no stock of cattle but thus live poorly and indolently wth.
a seeming content and pray for nothing but wrecks or the
pirates, and few of them have an opinion of a regular orderly
life under any sort of Governmt. and would rather spend all
they have at a punch house then pay me one tenth to save their
familys and all yts. dear to them. The tax yt. I advised
your Lordships they had agreed to pay to the fortifications
(though but a triffle had they been industrious) was the greatest
greveance they ever met wthall. and did not hold three weeks,
for I was glad to keep them in humour without money, and
had not I took another method of eating, drinking and working
wth. them myself, officers, and soldiers, sailors, and passengers
and watch at the same time whilst they were drunk and drowsey,
I could never have got the fort in any posture of defence, neither
would they willingly kept themselves or me from the pirates
if the expectation of a war with Spain had not been perpetually
kept up and improved before I was certain of it, to make them
do some work, after the ships of war left us, and whilst they
was here we was to sickly to do any work. It was as bad as
treason is in England to declare our designe of fortifying was
to keep out the pirates if they were willing to come in and say
they would be honest and live under Governmt. as we called
it even then. I ask your Lordships pardon if I am too prolix,
but the anxiety I am in etc. I hope will plead for me, and henceforward I'll endeavour to send copys of all I write to your
Lordships and the Secretary of State, wch. now and at some
other times I have not had the leasure to do. Signed, Woodes
Rogers. Endorsed, Recd. 15th., Read 16th. July, 1719. 3 pp.
[C.O. 23, 1. No. 15.]
210. Governor Lowther to Mr. Popple. Reply to 18th
March. I hope malicious and groundless complaints will not
carry the point my enemy's aim at. How just the complaints
of the Portuguese and Society are, I shall leave to the Lords of
Trade etc., the whole matter of fact relating thereto being
enter'd in the Minutes of Council herewith sent etc. Signed,
Rob. Lowther. Endorsed, Recd. 28th July. Read 30th Sept.,
1719. Holograph. Addressed. 1 p. Enclosed,
210. i. List of public papers enclosed in preceding. Same
endorsement. 3½ pp. [C.O. 28, 15. Nos. 53, 53. i.]|